Baker v. Myers Tractor Services, Inc., 1D99-2179.
Decision Date | 26 June 2000 |
Docket Number | No. 1D99-2179.,1D99-2179. |
Citation | 765 So.2d 149 |
Parties | Donell BAKER, Appellant, v. MYERS TRACTOR SERVICES, INC. and April C. Musgrove, Appellees. |
Court | Florida District Court of Appeals |
Christopher Shakib of McCullough & Glary, P.A., Jacksonville, for Appellant.
Joseph T. Kissane of Hinshaw & Culbertson, Jacksonville, for Appellee Myers Tractor Services, Inc.
W. Alan Winter, Jacksonville, for Appellee April C. Musgrove.
Donnell Baker appeals a final order which dismissed with prejudice his negligence action against appellees, Myers Tractor Services, Inc. and April C. Musgrove, as a sanction for Baker's material false testimony during discovery concerning facts which directly related to a central issue of the action. Because we find no abuse of discretion by the trial court, we affirm.
In the order appealed, the trial court set forth its findings and explained its reasons for employing the extraordinary sanction of dismissal, in pertinent part, as follows:
(Citations omitted).
We review a trial court's imposition of sanctions under an abuse of discretion standard of review. See Mercer v. Raine, 443 So.2d 944, 946 (Fla.1983)
; Tramel v. Bass, 672 So.2d 78, 82-83 (Fla. 1st DCA 1996). As the Mercer court explained:
As the trial court noted, the false testimony of Baker did not concern a matter collateral to his claim, but was directly related to a central fact necessary to establish his claim. See Cox v. Burke, 706 So.2d 43, 47 (Fla. 5th DCA 1998)
. Among other things, appellant argues that the trial court erred in granting the dismissal because he filed an errata sheet to his deposition pursuant to rule 1.310(e), Florida Rules of Civil Procedure, by which he changed his testimony by disclosing the prior injuries to his knee.1 Without addressing whether the errata sheet, which did not state the reasons Baker was making the changes, was in compliance with rule 1.310(e), because the errata...
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Fraud on the court as a basis for dismissal with prejudice or default: an old remedy has new teeth.
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